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Home > Our Firm > News > The Best Lawyers™ in Canada 2018
News

The Best Lawyers™ in Canada 2018

Published:

August 23, 2017

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McInnes Cooper is very pleased to have 80 of our lawyers mentioned in The Best Lawyers™ in Canada 2018. Best Lawyers® lists are compiled based on an exhaustive peer review evaluation. Over 83,000 leading attorneys globally are eligible to vote and have cast more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world.

View a copy of the full list of our lawyers who were honoured.

In addition, Best Lawyers has recognized the following McInnes Cooper lawyers as Best Lawyers™  in Canada “Lawyers of the Year” for 2018:

  • Benjamin Durnford – Insolvency and Financial Restructuring Law (Halifax)
  • Cheryl Hodder, QC – Corporate Governance Practice (Halifax)
  • Christa Bourque, QC – Personal Injury Litigation (Moncton)
  • David MacDougall – Natural Resources Law (Halifax)
  • Fae Shaw, QC – Securities Law (Halifax)
  • Geoffrey Spencer – Insolvency and Financial Restructuring Law (St. John’s)
  • Jeffrey Hoyt – Securities Law (Saint John)
  • Leonard T. Hoyt, QC – Corporate Law (Fredericton)
  • Malcolm Boyle, QC – Labour and Employment Law (Halifax)
  • Matthew T. Hayes – Construction Law (Saint John)
  • Michelle Awad, QC – Product Liability Law (Halifax)
  • R. Daren Baxter, QC – Tax Law (Halifax)
  • Raymond G. Adlington – Trusts and Estates (Halifax)
  • Wendy J. Johnston, QC – Insurance Law (Halifax)
  • William C. Boyd, QC – Real Estate Law (St. John’s)

Congratulations on receiving this well-deserved recognition.

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Related Lawyers

  • Benjamin Durnford

    Benjamin Durnford

    Asset Recovery & Insolvency Group Lead, Partner

  • David MacDougall

    David MacDougall

    Counsel

  • Fae Shaw, QC

    Fae Shaw, KC

    Partner

  • Geoffrey Spencer

    Geoffrey Spencer

    Office Lead Partner

  • Jeffrey Hoyt

    Jeffrey Hoyt

    Partner

  • Len Hoyt, QC 1

    Len Hoyt, KC

    Office Lead Partner

  • Malcolm Boyle, QC

    Malcolm Boyle, KC

    Partner

  • Matthew Hayes 1

    Matthew Hayes, KC

    Partner

  • Michelle Awad, KC

    Michelle Awad, KC

    Partner

  • Daren Baxter, QC, TEP

    Daren Baxter, KC, TEP

    Partner

  • Wendy Johnston, QC

    Wendy Johnston, KC

    Counsel

  • William Boyd, QC 1

    William Boyd, KC

    Partner

Related Services

  • Bankruptcy and Insolvency
  • Corporate Governance and Compliance
  • Litigation
  • Corporate Finance and Securities
  • Corporate and Business
  • Labour and Employment
  • Construction Law
  • Tax
  • Estates and Trusts
  • Real Estate

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    The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

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  • Predicting the Claims Landscape Post COVID-19

    Jun 11, 2020

    New types of claims will emerge while insurers may see an evolution or even decrease in the traditional types. Here are the types of claims and…

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  • Temporary Immigration Measures Make Hiring Temporary Foreign Workers Easier

    May 14, 2020

    This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

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  • Michael Melvin in The Franchise Voice | Legal Digest (Spring 2020)

    May 11, 2020

    McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…

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  • Callidus Capital Corp: Policing CCAA Proceedings

    May 11, 2020

    The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…

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  • Coping with COVID-19: Planning for Business Reopening

    Apr 30, 2020

    While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

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  • Coping with COVID-19: The Impact on Contractual Performance in the Energy & Natural Resources Sector

    Apr 20, 2020

    As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…

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  • Coping with COVID-19: Assessing Travel Insurance Claims

    Apr 17, 2020

    The global and domestic spread of COVID-19 has forced Canadians to reassess their upcoming travel plans – and insurers to assess their travel…

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  • Coping with COVID-19: Employers’ Top 10 Immigration Law FAQs

    Apr 15, 2020

    The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

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  • Coping with COVID-19: (More) Employer FAQs

    Mar 27, 2020

    The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

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  • Coping with COVID-19: 5 Steps to Compliant Socially Distant AGMs

    Mar 17, 2020

    Business corporations laws and stock exchange policies mandate that issuers hold annual general meetings (AGM) and set requirements for when and…

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  • Coping with COVID-19: Employer FAQs

    Mar 12, 2020

    The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

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  • Coping with COVID-19: 3 Legal Remedies for Contractual Liability Risks

    Mar 10, 2020

    The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…

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  • Bailey v. Temple: NL Appeal Court Cautions You Don’t Get More Release Than You Bargained For

    Feb 14, 2020

    NOTE: On July 23, 2021, the Supreme Court of Canada agreed with the Newfoundland & Labrador Court of Appeal’s decision respecting the law,…

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  • N.S. Battens Down Marine Renewable Energy Power Purchase Agreement (PPA)

    Feb 4, 2020

    Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…

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  • Prompt Payment Coming Down the Pike in NS: What Owners & Contractors Must Know

    Feb 4, 2020

    Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…

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  • Still an Option: Feds Delay New Tax Rules for Employee Stock Options

    Jan 30, 2020

    NOTE: The new tax rules for employee stock option plans take effect on July 1, 2021. Learn more at Limited Options: New Employee Stock Option…

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  • CSA Staff Notice 51-359: Corporate Governance Compliance by Public Cannabis Co.’s

    Jan 22, 2020

    All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…

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  • Compton v. Toyota: N.L. Appeal Court Eliminates the Expert Fact Witness

    Jan 14, 2020

    On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…

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  • N.S. Appeal Court Confirms Future Wage Loss Calculated on Gross Basis in MacDonald v. MacVicar

    Nov 22, 2019

    On November 20, 2019, the Nova Scotia Court of Appeal confirmed pursuant to section 113BA(1) of Nova Scotia’s Insurance Act, in the context of…

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  • 5 Key Requirements of Canada’s Federal Environmental Emergency Regulations

    Nov 22, 2019

    The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

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  • New Brunswick’s Enhanced Money Judgment Enforcement Regime

    Nov 18, 2019

    Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…

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  • Atlantic Canadian Employees’ Rights & Employers’ Obligations at Election Time

    Oct 10, 2019

    “Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

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  • 5 Key Changes to N.L. OHS Workplace Violence & Harassment Prevention Obligations January 1, 2020

    Sep 6, 2019

    This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

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  • 5 Key FAQs About Canadian Cannabis Company “Key Investor” Disclosure Requirements

    Jun 26, 2019

    Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…

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  • Managing Social Media @ Work: 3 Steps to an Effective Workplace Social Media Policy

    Jun 5, 2019

    Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…

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  • CBCA Register for Individuals With Significant Control: 5 FAQs

    May 21, 2019

    We updated this publication on February 17, 2023. As of June 13, 2019, private companies incorporated under the Canada Business Corporations…

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  • 5 Basics Every Startup & Growing Business Should Know About Employment Law

    Apr 8, 2019

    Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…

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  • New N.B. Workplace Anti-Violence & Harassment Obligations April 1, 2019

    Feb 27, 2019

    This publication has been updated as at July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new…

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  • Webinar | No Joking Matter: Complying with N.B. Workplace Anti-Violence & Harassment Requirements

    Feb 22, 2019

    As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…

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  • S.A. v. Metro Vancouver Housing Corp.: Can you trust a Henson trust?

    Jan 31, 2019

    On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…

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  • N.S. Appeal Court Confirms Future CPP Disability Benefits Are Deductible from Future Income Loss Awards in MVA Claims

    Jan 21, 2019

    On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision…

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  • Privacy Interest in Personal Computer Contents: Supreme Court of Canada Confirms Ownership Isn’t 9/10 of the Law in R. v. Reeves

    Dec 19, 2018

    On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

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  • How Canada’s New Impaired Driving Penalties Will Impact Canadian Immigrants & Employers

    Dec 18, 2018

    On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

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  • 10 Burning Employer FAQs About Cannabis @ Work

    Dec 13, 2018

    This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

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  • It’s Not Fake News: Supreme Court of Canada Confirms Media Doesn’t Get Special Protection from Production Orders in R. v. Vice Media Canada Inc.

    Dec 4, 2018

    On November 30, 2018, a majority of the judges of the Supreme Court of Canada decided the media doesn’t get any special protection from the…

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  • Cannabis Compliance: 3 Tips to Help Cannabis Industry Reporting Issuers Comply with Securities Law Disclosure Obligations

    Nov 16, 2018

    Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…

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  • N.S. Court Decides Future Wage Loss Calculated on Gross – Not Net – Basis in MacDonald v. MacVicar

    Oct 25, 2018

    NOTE: On November 20, 2019, the Nova Scotia Court of Appeal upheld the trial court’s decision and confirmed pursuant to section 113BA(1) of…

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  • N.S. Court of Appeal Offers 5 Key Insights into the new N.S. Limitations Act’s Saving Provision

    Oct 12, 2018

    On October 11, 2018, the Nova Scotia Court of Appeal released its first decision considering the saving provision in Section 12 of Nova…

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  • Webinar | 5 Key Immigration Law Compliance Best Practices for Human Resource Professionals

    Sep 28, 2018

    Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

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  • Incorporating a Business? Incorporating in N.S. Will Soon Be More Attractive

    Sep 10, 2018

    As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

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  • Sarah McInnes in workplace.ca | The Top 5 Immigration Law Facts Every HR Professional Should Know

    Sep 4, 2018

    Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

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  • 3 Ways P.E.I.’s Business Corporations Act Modernized P.E.I. Corporations

    Jul 18, 2018

    This publication has been updated as at January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies…

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  • Extended Parental Leave: What to Expect When Your Employee is Expecting

    Jul 16, 2018

    Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

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  • Dan Watt in Energy Regulation Quarterly | The Impact Assessment Act, Canadian Energy Regulator Act and Offshore Energy: A View from Atlantic Canada

    Jul 10, 2018

    If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…

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    Publication
  • The Evolving Duty to Consult Indigenous Peoples: N.S. Court Recognizes a “Duty of Enforcement Consultation” in R. v. Martin

    Jun 29, 2018

    The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

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  • Webinar | 5 Workplace Policy Areas to Manage Marijuana Risks

    Jun 27, 2018

    The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

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    Webinar
  • No Matter the Chatter, the Bid is the Bottom Line: N.S. Supreme Court Issues a Reminder in CF Construction v. Town of Westville

    Jun 21, 2018

    Lawyers regularly encourage clients to be proactive and discuss potential issues with third parties before they become real problems. But in the…

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  • The More Modern & Transparent Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

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    Publication
  • Jurisdiction Over Internet Defamation: Same Law, Different Facts in Haaretz v. Goldhar

    Jun 11, 2018

    On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the…

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    Publication
  • Medical Marijuana, Residual Impairment & The Duty to Accommodate in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard)

    Jun 8, 2018

    This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

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    Publication
  • Extended Earning-Replacement Benefits are Deductible from N.S. Section B Weekly Income Replacement Benefits

    May 11, 2018

    On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…

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    Publication
  • Accommodating Mental Disability: 5 Practical Tips

    May 11, 2018

    This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

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    Publication
  • A Lid on Medical Pot: No health Plan Coverage or Workers Compensation Benefits

    Apr 26, 2018

    The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

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    Publication
  • Webinar | #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Apr 2, 2018

    Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

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    Webinar
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

    Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

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  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Mar 29, 2018

    We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

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  • Do Something: General Contractor Liable for Failing to Disclose the Existence of Labour & Materials Bond in Valard Construction Ltd. v. Bird Construction Co.

    Feb 21, 2018

    On February 15, 2018, the Supreme Court of Canada decided a trustee’s fiduciary duty includes an obligation to inform beneficiaries of the…

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  • Bill C-69 & The New Federal Offshore Renewable Energy Regime

    Feb 20, 2018

    The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…

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  • Bill C-69 & the New Federal Impact Assessment Act: The Impact on the Role of the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) and the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB)

    Feb 20, 2018

    On February 8, 2018, the Canadian federal government proposed a new Impact Assessment Act in Bill C-69, An Act to enact the Impact Assessment…

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    Publication
  • Don’t Bother Asking: Supreme Court of Canada Raises the Bar for Mandatory Injunctions in R. v. Canadian Broadcasting Corporation (CBC)

    Feb 15, 2018

    Mandatory interlocutory injunctions - court orders, made in the context of a lawsuit, that a party take positive action as opposed to refrain…

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  • Navigating the N.S. Marine Renewable Energy Regime: What Project Developers Need to Know

    Feb 13, 2018

    The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law.  First introduced over two years ago, the Nova…

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  • Williams Lake Indian Band v. Canada: Crown Breached Fiduciary Duty to Indigenous Community – in 1858

    Feb 8, 2018

    Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

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  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

    Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

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  • Medical Cannabis Health Benefits Coverage Strategy: Key Considerations

    Jan 25, 2018

    Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

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  • The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell

    Jan 12, 2018

    Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

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  • Supreme Court of Canada Confirms Auditor Negligent & Liable for $40M in Livent v. Deloitte

    Dec 23, 2017

    Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

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  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    Dec 22, 2017

    Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

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  • Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

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  • 5 Helpful Holiday Hints for Human Resources

    Dec 8, 2017

    This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

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  • Balance Between Public & Operator Interests in Offshore Petroleum Resources Data is Set

    Nov 30, 2017

    On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

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  • Canada’s Private Corporation Tax Proposals: Year End Planning in the Face of Uncertainty

    Nov 20, 2017

    October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

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  • “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act

    Nov 17, 2017

    It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

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    Publication
  • Newfoundland & Labrador Offshore Oil Royalty Regulations November 1, 2017: Key Changes to the Offshore Regime

    Nov 9, 2017

    On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…

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  • Supreme Court of Canada Tackles Freedom of Religion & the Duty to Consult in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

    Nov 7, 2017

    On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

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  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    Nov 2, 2017

    On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

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  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    Oct 31, 2017

    Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

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  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    Oct 11, 2017

    The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

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    Publication
  • Proposed N.S. Marine Renewable Energy Act Amendments: New Demonstration Permit for Marine Renewable Energy in Wind & Waves

    Oct 6, 2017

    On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

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  • Charting a Course for Good Governance of Canada’s Emerging Ocean Economy | Offshore Aquaculture and Ocean-based Renewable Energy

    Sep 29, 2017

    Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

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    Publication
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    Sep 22, 2017

    Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

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    Publication
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    Sep 21, 2017

    This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

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    Publication
  • Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Survives Bankruptcy

    Aug 28, 2017

    Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

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    Publication
  • 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

    In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

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    Publication
  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

    After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

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    Publication
  • Proposed Changes to Business Income Tax Rules: A Gamechanger for Private Business Owners

    Aug 4, 2017

    On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

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    Publication
  • Crown Can Rely on National Energy Board to Fulfill its Duty to Consult

    Jul 28, 2017

    All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

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  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    Jul 28, 2017

    This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

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    Publication
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as at June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

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    Publication
  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    Jul 17, 2017

    A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

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    Publication
  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    Jul 13, 2017

    More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

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    Publication
  • Growing Your Business: 3 Structuring Solutions

    Jul 13, 2017

    When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

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    Publication
  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    Jul 11, 2017

    The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

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    Publication
  • Watching Your Claims Go Up In Smoke? Five Key Medical Cannabis Cost of Care Considerations

    Jul 10, 2017

    The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…

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    Publication
  • Go Global @ Home: Supreme Court of Canada Confirms Global Order to Remove Internet Content in Google Inc. v. Equustek Solutions Inc.

    Jun 28, 2017

    On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

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    Publication
  • Like it or Not: Supreme Court of Canada decides class action against Facebook can go ahead in B.C. – despite its terms of use in Douez v. Facebook, Inc.

    Jun 23, 2017

    On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

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    Publication
  • Supreme Court of Canada Puts Insurers on Notice in Saadati v. Moorhead: Proof of a Recognized Psychiatric Injury is Not a Precondition to Recovery

    Jun 5, 2017

    On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric…

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    Publication
  • Canada v. Mikisew Cree First Nation: Court to Decide Whether Duty to Consult Also Applies Before Legislation is Enacted

    May 26, 2017

    On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

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    Publication
  • 5 Key Steps for a Proper Workplace Investigation

    May 19, 2017

    Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

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    Publication
  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

    Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

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  • Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act

    May 11, 2017

    The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

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    Publication
  • Are Future CPP Disability Benefits Deductible? N.S. Court of Appeal Says Yes in Motor Vehicle Accident Claims in Tibbetts v. Murphy

    May 3, 2017

    On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the…

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    Publication
  • Appeal Court Maintains Balance Between Public & Operator Interests in Offshore Petroleum Resources Data

    May 1, 2017

    NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

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    Publication
  • Better Late than Never: N.S. Government Enacts Early Release of Holdback Regulations

    Apr 28, 2017

    On April 24, 2017, the N.S. Government issued regulations that will finally allow the Builders’ Lien Act amendments permitting early release…

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    Publication
  • Estate Planning in the Age of Medical Assistance In Dying (MAID)

    Apr 21, 2017

    In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

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    Publication
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

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    Publication
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    Apr 17, 2017

    Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

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    Publication
  • Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada

    Apr 6, 2017

    Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

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    Publication
  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    Apr 5, 2017

    NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

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  • Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    Mar 31, 2017

    Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

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  • 5 Steps for Compliant Disclosure on Social Media

    Mar 30, 2017

    Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

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  • Information Technology (IT) Contracts: 3 Key Lessons for Customers & Service Providers

    Mar 30, 2017

    There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…

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  • Dust Off Your Limitation Defence: Court of Appeal Doesn’t Apply Extended Limitation Period in Yarmouth (District) v Nickerson

    Mar 15, 2017

    On March 9, 2017, the N.S. Court of Appeal stopped building inspection claims in their tracks when it decided that a defence based section…

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  • Cyber Security: A 5-Step Data Breach Risk Mitigation Plan for Corporate Boards & Directors

    Feb 24, 2017

    This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…

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  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

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  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…

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  • It’s Settled: SCC says Future CPP Disability Benefits Are Not Deductible Under SEF 44 Endorsement in Sabean v. Portage La Prairie Mutual Insurance Co.

    Jan 30, 2017

    On January 27, 2017, the Supreme Court of Canada decided in Sabean v. Portage La Prairie Mutual Insurance Co. that future CPP disability…

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    Publication
  • Confidentiality Risks of Doing Business With the Public Sector Just Got Riskier: Completed NS Access to Information Requests Go Online

    Jan 25, 2017

    Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

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  • Canadians With U.S. Connections: Key Cross-Border Estate Planning Strategies

    Jan 20, 2017

    Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

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  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

    On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

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  • Don’t Sell Yet: How Principal Residence Exemption (PRE) Changes Affect Trusts

    Dec 22, 2016

    Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…

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  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    Dec 20, 2016

    As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

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  • Newfoundland & Labrador’s New Public Procurement Act

    Dec 19, 2016

    On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law. The new Act isn’t yet in effect, however,…

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  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

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  • Supreme Court of Canada Speaks on the Rectification of Transactions

    Dec 14, 2016

    On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

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  • 5 Employer FAQs About Religious Accommodation @ Work

    Dec 13, 2016

    Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

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  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

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  • Newfoundland & Labrador: A New Public Procurement Act for 2017

    Dec 5, 2016

    It’s been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation. On November 29, 2016, Bill…

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  • Supreme Court of Canada Says Privilege Wins Again – Twice in Lizotte v. Aviva Insurance Company of Canada & Alberta (Information and Privacy Commissioner) v. University of Calgary

    Nov 28, 2016

    On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…

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  • This Bridge is not for (Lien) Sale: N.S. Court decides Macdonald Bridge Cannot be Liened in Certification Coating Specialists v. Cherubini et.al.

    Nov 22, 2016

    There is an old expression about “selling the Brooklyn Bridge”. Recently, a bankrupt subcontractor attempted to register a lien against the…

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  • Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

    Nov 22, 2016

    Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

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  • The 5 Key Elements of an Attendance Management Program (AMP)

    Nov 15, 2016

    The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

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  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

    The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

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  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

    Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

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  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    Sep 29, 2016

    Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

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  • NB Court Clarifies Mortgage Lenders’ Rights on Default: 5 Steps for NB Mortgage Lenders to Consider

    Sep 23, 2016

    On September 15, 2016, the New Brunswick Court of Appeal clarified the province’s statutory regime governing both the exercise of a lender’s…

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  • Supreme Court of Canada Gives a Lesson in Insurance Contract Interpretation in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.

    Sep 19, 2016

    On September 15, 2016, the Supreme Court of Canada decided certain damage to a building under construction was covered under the relevant…

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  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    Sep 12, 2016

    On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

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  • Limitation Periods: Avoiding Hitting the Reset Button in Tuck v. Supreme Holdings

    Aug 17, 2016

    The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…

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    Publication
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

    The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

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  • Deciding Between Federal & Provincial Incorporation: 5 Key Considerations

    Aug 9, 2016

    This publication has been updated as at January 27, 2023. A key legal decision in starting or growing your business is choosing the…

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  • Supreme Court of Canada Sticks With Presumptive Jurisdiction Tests for Forum Non-Conveniens in Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP

    Jul 19, 2016

    On July 15, 2016 the Supreme Court of Canada, in a long-awaited decision, resisted the invitation to re-write the traditional rules for the…

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  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    Jul 15, 2016

    On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

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  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    Jul 7, 2016

    On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

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  • Municipal Liability for ByLaw Enforcement: A Bylaw’s Not a Bylaw in Vlanich v. Typhair

    Jul 5, 2016

    The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…

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  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

    As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

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  • Common Ground: Retail & Commercial Condominium Financing

    Jun 30, 2016

    The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

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  • Label Delicate: Workplace Dress Codes Test & Tips

    Jun 29, 2016

    Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

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  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

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  • Realtor Risk Management: 10 Practical Tips to Help Realtors Manage Litigation Risk

    Jun 20, 2016

    Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…

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  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    Jun 17, 2016

    In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

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  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

    Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

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    Publication
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    Jun 6, 2016

    On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

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    Publication
  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval

    Jun 6, 2016

    On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

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    Publication
  • The East Coast Duty to Consult Indigenous Peoples

    Jun 6, 2016

    Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

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  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

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  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    May 31, 2016

    You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

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  • Newfoundland & Labrador Crown Immunity for Mechanics’ Lien Holdbacks: 3 Key Risks for Subcontractors in Brook Construction (2007) v. Blackwood Contractors Ltd.

    May 24, 2016

    It’s now certain: in Newfoundland & Labrador, liens can’t be placed on Crown land or holdbacks with the possible exemption allowing for…

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    Publication
  • From Startup to Exit: 5 Key Stages of the Financing Lifecycle

    May 10, 2016

    This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…

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    Publication
  • A Red Flag for Municipalities & Developers: Supreme Court of Canada Decides Not Every Positive Covenant Under a Development Agreement Runs With the Land in Heritage Capital Corp. v. Equitable Trust Co.

    May 10, 2016

    On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…

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  • A Penalty by Any Other Name: Supreme Court of Canada Says Interest Rate Increase Triggered by Default, Whatever It’s Called, Infringes the Interest Act in Krayzel Corp. v. Equitable Trust Co.

    May 9, 2016

    On May 6, 2016, the Supreme Court of Canada decided that a mortgage imposing a higher interest rate in the event of default and reserving a…

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    Publication
  • 5 Key Changes to Early Warning Reporting System Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

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  • New Early Warning Reporting System Exemptions for Certain Securities Lending Arrangements Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

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    Publication
  • The OHS Due Diligence Defence: 5 FAQs

    May 2, 2016

    We updated this publication on May 8, 2023. “Due diligence” is a legal defence to many charges under occupational health and safety (OHS)…

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  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    Apr 21, 2016

    On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

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    Publication
  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    Apr 19, 2016

    On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

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  • From Watershed Decision to Watershed Law: Government Proposes Physician-Assisted Dying Law in Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

    Apr 15, 2016

    On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

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    Publication
  • The Small Business Deduction: Key Proposed Changes & Strategic Solutions

    Apr 12, 2016

    Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…

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  • Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies

    Mar 24, 2016

    When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

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    Publication
  • Metron Project Manager Gets 3 ½ Years Jail Time for Workplace Accident

    Mar 9, 2016

    On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

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  • 3 Tips to Manage Employee Tardiness Due to Adverse Weather Conditions

    Feb 23, 2016

    Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

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  • Energy Safety and Security Act (ESSA): 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    Feb 15, 2016

    On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

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  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    Feb 1, 2016

    On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

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  • The Top 12 Employment Contract Terms

    Feb 1, 2016

    We updated this publication on April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to…

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    Publication
  • Doe 464533 v. D.: Business Implications of the Civil Privacy Claim for “Public Disclosure of Private Facts”

    Jan 27, 2016

    On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

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    Publication
  • 5 Key Changes Streamline Venture Issuer Obligations

    Jan 18, 2016

    Things have gotten a bit easier for venture issuers, such as those listed on the TSX Venture Exchange, with recent changes to their obligations.…

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  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

    A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

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  • An Ounce of Prevention is Worth a Pound of Response: The W-5’s of Managing Conflict & Preventing Harassment, Bullying & Violence @ Work

    Dec 7, 2015

    Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

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    Publication
  • It Gets Worse: 5 Key Proposed Changes to Section 55 of the Income Tax Act

    Oct 23, 2015

    Subsection 55(2) of the Income Tax Act (Canada) is an anti-avoidance provision intended to prevent capital gains stripping by deeming an…

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    Publication
  • Tax Implications of Personal Services Businesses (PSB) Status & Strategies to Avoid It

    Oct 23, 2015

    Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

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    Publication
  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

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    Publication
  • 10 of the Top Employers’ Attendance Management Problems

    Aug 13, 2015

    The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

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    Publication
  • Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal

    Jul 30, 2015

    Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…

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    Publication
  • A Glimpse Into The Future of Privacy Law: Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen

    Jul 29, 2015

    On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…

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    Publication
  • Bad Faith & Production of an Insurer’s Business Information: 4 Key Implications of the NB Court of Appeal’s Decision in Wade v. Wawanesa Ins. Co.

    Jul 21, 2015

    On July 16, 2015, the New Brunswick Court of Appeal ordered an insurer to produce a significant amount of its financial and business information…

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    Publication
  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    Jul 17, 2015

    On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

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    Publication
  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    Jul 10, 2015

    On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

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    Publication
  • 3 Reasons for Directors, Officers & Supervisors To Take OHS Personally

    Jun 25, 2015

    We updated this publication on May 9, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks…

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    Publication
  • Nova Scotia Goes Its Own Way: Future CPP Disability Benefits Deductible Under SEF 44 in Portage Le Prairie Mutual Insurance Company v. Sabean and Hallett

    Jun 8, 2015

    On June 4, 2015, the NS Court of Appeal decided the value of future CPP disability benefits is deductible under the SEF 44 family protection…

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    Publication
  • Tread Carefully: 10 Considerations for Right of Way Agreements

    May 25, 2015

    This publication has been updated as at July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many…

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    Publication
  • 5 FAQs About Workplace Sex Discrimination

    Mar 31, 2015

    This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

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    Publication
  • More than a Mere Nuisance – 5 Snow Loading FAQs

    Mar 3, 2015

    Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…

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    Publication
  • Final Form of New NS Limitation of Actions Act: “Sudden Death” Limitation is Out for Personal Injury Claims

    Feb 18, 2015

    The new NS Limitations of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started…

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    Publication
  • 5 Hot Tips to Help Employers Handle Office Romances

    Feb 13, 2015

    This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

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    Publication
  • No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)

    Feb 9, 2015

    NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

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    Publication
  • Charter Protects the Right to Strike

    Feb 2, 2015

    On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

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    Publication
  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    Jan 30, 2015

    In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…

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    Publication
  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

    Dec 11, 2014

    On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

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    Publication
  • 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

    Dec 10, 2014

    “Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

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    Publication
  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

    This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

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    Publication
  • Complying with Canada’s Anti-Spam Legislation (CASL): A blueprint for the construction industry

    Dec 1, 2014

    The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

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    Publication
  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence

    Nov 27, 2014

    Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

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    Publication
  • Thou Shalt Not Lie: SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew

    Nov 14, 2014

    On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…

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    Publication
  • NS Proposes New Limitation of Actions Act: The 3 Top Benefits & The 10 Key Changes

    Nov 3, 2014

    Note: On November 20, 2014 the NS Government passed the final form of Bill 64, Limitations of Actions Act into law. The final form of the Act…

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    Publication
  • Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors & Officers from Personal Liability

    Oct 14, 2014

    CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

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    Publication
  • 5 New Obligations on NB Employers Effective September 1, 2014 in NB Employment Standards Act

    Sep 30, 2014

    Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

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    Publication
  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    Sep 16, 2014

    This publication has been updated as at August 25, 2022. Many believe that only public companies or large, established companies with many…

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    Publication
  • Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16

    Sep 11, 2014

    The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

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    Publication
  • Changes to NB Rules of Court Effective October 1, 2014 Benefit Successful Party

    Sep 9, 2014

    Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982.…

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    Publication
  • Canada’s Temporary Foreign Worker Program Overhaul

    Jul 9, 2014

    On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

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    Publication
  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

    Jun 26, 2014

    On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

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    Publication
  • Joining the Crowd – NS & NB Consider Crowdfunding

    Jun 11, 2014

    Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…

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    Publication
  • Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy in Brauer v. The Queen

    May 26, 2014

    On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating…

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    Publication
  • Estate Planning Solutions: 5 FAQs About Alter Ego & Joint Partner Trusts

    May 22, 2014

    This publication has been updated as at February 17, 2021. Trusts offer a very useful estate planning solution for a wide variety of special…

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    Publication
  • What’s In The Pipe? Municipal Liability for Flood & Sewage Back-Up Claims

    May 2, 2014

    April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…

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    Publication
  • Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program

    Apr 3, 2014

    On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

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    Publication
  • Legal Update: More Changes to Federal Temporary Foreign Worker Program

    Jan 21, 2014

    On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

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    Publication
  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

    Nov 8, 2013

    On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

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    Publication
  • Legal Update: Risky Trading – Insiders and Potential M&A’s

    Nov 1, 2013

    Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…

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    Aug 28, 2013

    A general security agreement (GSA) is the most common form of personal property security used in the Atlantic Provinces to secure commercial…

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  • Privacy Trumps Safety: SCC Strikes Down Mandatory Random Alcohol Testing Policy

    Jul 2, 2013

    On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

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  • Franchise Questions: What do I need to know about moving into new markets?

    Jun 7, 2013

    In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

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  • A Practical Analysis of “Material Fact”

    May 21, 2013

    In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…

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  • Legal Alert: Federal Temporary Foreign Worker Program Changes

    Apr 30, 2013

    Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

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  • A White Paper on Reforming Canada’s Transportation Policies For the 21st Century

    Feb 8, 2013

    While much of the developed world struggles with debt and chronically low growth, Canada, one of the best-performing members of the G-7,…

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  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    Jan 8, 2013

    On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

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  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    Nov 28, 2012

    On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

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  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    Oct 22, 2012

    Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

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  • CSA Staff Notice 11-318: Guidance for Cease Trade Order Database Users

    Aug 27, 2012

    Introduction and Purpose Staff of the Canadian Securities Administrators (CSA Staff or we) are publishing this Staff Notice (the Notice) to…

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  • Court Confirms Reviewing Courts Should Give Early Due Deference to Administrative Decision-Makers

    Jul 10, 2012

    On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

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  • “Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?

    Jun 14, 2012

    As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

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  • Canadian Securities Administrators Adopt Rule For Over-The-Counter Issuers

    Jun 1, 2012

    Multilateral Instrument 51-105, Issuers Quoted in the U.S. Over-the-Counter Markets will come into effect on July 31, 2012. Once effective,…

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  • 10 Tips to Deal with Employee Discipline for Social Media Use

    Mar 1, 2012

    Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

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  • Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012

    Jan 5, 2012

    Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

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  • Alert: Supreme Court of Canada Finds Proposed Canadian Securities Act Unconstitutional

    Dec 22, 2011

    On May 26, 2010, the Canadian federal government released the proposed Canadian Securities Act (the Act) which would, among other things, create…

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  • Multiple Extensions of Termination Date Nullify Termination Notice

    Dec 19, 2011

    In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

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  • Comment on Copthorne Holdings Limited V. The Queen

    Dec 16, 2011

    In a unanimous decision rendered by Justice Rothstein, the Supreme Court of Canada today dismissed the appeal of Copthorne Holdings Limited,…

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  • Investor Readiness

    Nov 1, 2011

    Entrepreneurs need to be ready for due diligence, so it’s essential to involve legal advisors and accountants early in the process. Click…

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  • Accounting Firms – Do they need to be registered as exempt market dealers

    Oct 6, 2011

    In 2009 Canadian securities regulators changed the rules relating to securities “registration” – these rules determine who is required to…

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  • NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy

    Aug 6, 2011

    Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

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  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    May 6, 2011

    In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

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    Publication
  • DFO Announces that Corporations May Own Fishing Licenses

    Mar 7, 2011

    Effective April 1, 2011, the fishing licensing policy for the Atlantic Canada and Quebec inshore fishery will change to allow inshore fishing…

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  • Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers

    Mar 6, 2011

    In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…

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  • A Closer Look at the Regulations Under the New Brunswick Franchises Act

    Oct 1, 2010

    McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…

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  • What are electronic disclosure documents and why and how may they be used?

    May 31, 2010

    In Franchise Canada’s May/June 2010 “Ask A Legal Expert” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

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  • Contamination Claims: Long Tails or Just Dogs? Practical and Legal Issues of Litigation Contamination Slow-Leak Cases

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    “Contamination Claims: Long Tails or Just Dogs? Practical and Legal Issues of Litigating Contaminant Slow-Leak Cases”, Cdn Journal of…

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